89R11963 AMF-F     By: Hayes H.B. No. 4101       A BILL TO BE ENTITLED   AN ACT   relating to the liability of a funeral service provider for mental   anguish damages.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 4, Civil Practice and Remedies Code, is   amended by adding Chapter 77A to read as follows:   CHAPTER 77A. FUNERAL SERVICE PROVIDERS          Sec. 77A.001.  DEFINITIONS. In this chapter:                 (1)  "Body or remains" means a human corpse or the body   parts of a human corpse.                 (2)  "Claimant" means a person described by Section   77A.002(a) who brings an action described by that section.                 (3)  "Funeral service" means a service performed by a   funeral service provider related to the care, preparation, and   disposition of a body or remains, including:                      (A)  retrieving, loading, and transporting the   body or remains;                      (B)  storing, embalming, dressing, casketing,   interring, or cremating the body or remains;                      (C)  arranging, supervising, and conducting a   funeral ceremony; and                      (D)  arranging, supervising, and implementing the   final disposition of the body or remains.                (4)  "Funeral service provider" means a person engaged   in the business of providing funeral services. The term includes an   employee or contractor of the person engaged in the business of   providing funeral services, including an employee or contractor   used in the provision of a funeral service and who is:                      (A)  an embalmer;                      (B)  a crematory operator;                      (C)  a funeral director;                      (D)  a provisional license holder; or                      (E)  a transporter.           Sec. 77A.002.  APPLICABILITY; EXCLUSIVE REMEDY.  (a)  This   chapter applies only to an action:                (1)  brought by a person who has a special relationship   with a funeral service provider due to a claimant's right of   sepulcher, a right to possess a body or remains, a right to control   the disposition of a body or remains under Section 711.002(a),   Health and Safety Code, or another related right; and                (2)  in which the person seeks to recover mental   anguish damages from a funeral service provider based on that   special relationship.          (b)  A claimant may not pursue an action governed by this   chapter under any other law to obtain mental anguish damages from a   funeral service provider.          Sec. 77A.003.  LIMITED LIABILITY FOR MENTAL ANGUISH DAMAGES.   (a)  Except as provided by Subsection (b), a funeral service   provider is not liable to a claimant for mental anguish damages   unless the claimant proves:                 (1)  the funeral service provider mishandled a body or   remains;                 (2)  if the funeral service provider had acted in a   manner consistent with the common practice of reasonably prudent   funeral service providers, the mishandling of the body or remains   would not have occurred;                 (3)  as a result of the mishandling of the body or   remains and the close personal relationship between the claimant   and the decedent, the claimant experienced grievous or debilitating   angst, distress, torment, emotional suffering, or turmoil that   caused a substantial disruption in the claimant's daily routine;   and                 (4)  a reasonable person in the position of the funeral   service provider would have foreseen that the mishandling of the   body or remains would cause significant emotional harm to the   claimant.           (b)  Except as provided by Subsection (c), mental anguish   damages that may be recovered from a funeral service provider by a   claimant in an action governed by this chapter are limited to the   lesser of:                 (1)  three times the amount paid to the funeral service   provider for funeral services for the decedent; or                 (2)  $50,000.           (c)  A claimant may not recover mental anguish damages from a   funeral service provider in an action governed by this chapter if   the claimant seeks relief from the funeral service provider under   Subchapter E, Chapter 17, Business & Commerce Code.           Sec. 77A.004.  JURY INSTRUCTIONS. In a trial to a jury for   an action governed by this chapter, the court shall provide the jury   a definition for mental anguish that conforms to Section   77A.003(a)(3) and instruct the jury regarding the requirements of   this chapter.           Sec. 77A.005.  CONSTRUCTION OF CHAPTER. This chapter does   not:                (1)  create a cause of action in favor of, or confer   standing to bring an action against a funeral service provider on,   any person; or                 (2)  limit a claimant's recovery of other forms of   economic or exemplary damages or apply to other actions, including   actions to recover damages for death or physical injury caused to   the claimant by negligence of a funeral service provider.          SECTION 2.  Chapter 77A, Civil Practice and Remedies Code,   as added by this Act, is an exercise of authority under Section   66(c), Article III, Texas Constitution, and takes effect only if   this Act receives a vote of three-fifths of all the members elected   to each house, as provided by Subsection (e) of that section.          SECTION 3.  Chapter 77A, Civil Practice and Remedies Code,   as added by this Act, applies only to an action commenced on or   after the effective date of this Act. An action commenced before   the effective date of this Act is governed by the law applicable to   the action immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.